Ross v. Unidentified U. S. Marshal(s) et al
Filing
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OPINION AND ORDER: IT IS HEREBY ORDERED that Magistrate Judge Janet F. King's Final Report and Recommendation 4 is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 10/13/15. (kdw)
Magistrate issued her R&R, recommending dismissal for failure to comply with
the Court’s order. (Id. at 2). As of October 9, 2015, Plaintiff still has failed to
submit the fees or an amendment.
II.
DISCUSSION
A.
Legal Standard
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982) (per curiam). A district judge
“shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” 28 U.S.C.
§ 636(b)(1). Where, as here, no party has objected to the report and
recommendation, a court conducts only a plain error review of the record. United
States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983) (per curiam).
B.
Analysis
The Magistrate Judge found that Plaintiff failed to comply with the
August 11, 2015, Order, and recommended that the Court dismiss this action. The
Court finds no plain error in the Magistrate Judge’s findings and recommendation.
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See Slay, 714 F.2d at 1095. Plaintiff’s failure to comply with the Magistrate
Judge’s August 11, 2015, Order warrants the dismissal of this action without
prejudice. See LR 41.3(A)(2), NDGa. (“The court may, with or without notice to
the parties, dismiss a civil action for want of prosecution if . . . [a]
plaintiff . . . shall, after notice, . . . fail or refuse to obey a lawful order of the
court . . . .”).
III.
CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Janet F. King’s Final
Report and Recommendation [4] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
SO ORDERED this 13th day of October, 2015.
_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE
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